De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.
De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.
With its ruling no. 6150 of 13 July 2015, the Court of Milan clarified that if the relative contract contains a penalty preserving employment for the fact claimed against an employee, dismissal of such employee is considered illegal, with his consequent right to be reinstated in his job (in addition to payment for damages).
With its ruling no. 5076 of 13 March 2015, the Cassation Court en banc session confirmed that in terms of social security contributions, the additional sums due by the taxpayer for omitted or late payment of contributions or insurance premiums, are part of the category of civil penalties.
As of 25 June 2015, the date when the Law on overhaul of contracts became effective, it is no longer possible to stipulate project-related contracts, while contracts currently in progress will remain in place until their natural expiration. Thus the spotlight has returned to long term consultant contracts “without a project”.
With its ruling no. 16472 of 5 August 2015, the Cassation Court clarified that, in the presence of repeated absences from work due to illness, the employer cannot dismiss a worker for poor performance.
The Government has targeted improvement of employment of parents and has decided to do so by allowing greater flexibility in the use of parental leave.
As this newsletter was being prepared, the final four implementing decrees of the Jobs Act were approved. Specifically, the national agency for active policies (Anpal) and sole watchdog agency will debut, and individual unemployment checks will become effective as well new rules on remote controls on employees and on social shock absorbers.
On March 31st, Vittorio De Luca released a television interview concerning the impact of the Labour Law reform on the employment trend in Italy.
Vittorio De Luca was a guest on 19 June at Rai News 24 to comment on the recent implementing decrees of the Jobs Act.
